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刑罚观念的转变是刑事制度适应社会政治经济形势的必然选择,而刑罚效果是影响和评价刑事制度的主要标尺。在对报应和功利主义刑罚观扬弃的基础上,刑罚人道主义和轻刑化观念日益深入人心。在我国,恢复性司法包括刑事和解观念逐渐融入宽严相济的刑事政策,并在检察机关的监督下谨慎推行。刑事和解首先应在轻罪公诉案件范围内试行,和解的事实基础在于罪刑轻微且加害人悔罪赔偿并取得谅解;和解的法律依据是相对不起诉制度规范。
The change of concept of penalty is the inevitable choice of the criminal system to adapt to the social political and economic situation, and the penalty effect is the main criterion that affects and evaluates the criminal system. On the basis of abandoning the concept of retribution and utilitarianism, the concept of punishment, humanitarianism and light punishment has been gaining popularity. In our country, restorative justice, including the concept of criminal reconciliation, has gradually been integrated into a criminal policy of strict and lenientism and has been implemented with due care under the supervision of the procuratorial organs. The criminal reconciliation should be piloted in the first instance in the case of misdemeanor prosecution. The factual basis of reconciliation lies in the fact that the crime and punishment are minor and the perpetrator repents the crime and obtains the understanding; the legal basis for reconciliation is the non-prosecution system norms.